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Sales factor of a combined unitary group: the Disney case.

Journal of State Taxation

| July 01, 2007 | Schadewald, Michael | COPYRIGHT 2007 CCH, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Background

UDITPA [section] 16(a) provides that for purposes of computing the sales factor, sales of tangible personal property, other than sales to the U.S. government, are attributed to the state in which the property is "delivered or shipped to a purchaser ... within this state." This so-called destination test reflects the legislative intent for including the sales factor in the apportionment formula, which is to recognize the contribution of the market states. Under UDITPA [section] 16(b), an exception applies if "the taxpayer is not taxable in the state of the purchaser," in which case the sale is attributed to the state in which "the property is shipped ...

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